milind70
07-26 10:43 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
See here is the things that are in your favour( incase u decide to file 485 for
yourself and not for her)
1. You have got married before u applied for 485.
2. I suppose you are going to get her here on H4 when you H1 extension is
approved .
3.Once she is in US and your dates become current you can apply for her 485
also if your dates is not current your 485 cannot be approved.
4. Even if your 485 is approved you have 180 days from your approval to file her 485.
The important thing here is that if u are married before u file 485 u are on a safer side, secondly many people fear that they may get approval and at that point of time they might not be able to file 485 but that cannot be the case as your GC can be approved when ur dates are current and when your date is current ,your wife or dependents can file 485.
The downside in this is that your wife will be on H4 status,so u will have to maintain h1 status i.e means you cannot go on EAD and change jobs etc etc because if you do that your wife loses H4 status and she has to leave the country because she has not filed 485(AOS).
The point here is if u have applied AOS u are under protected status you are not required to mainatain any status (H1 or H4) but if u wish to work when ur AOS is pending you require EAD and for travel you require AP. This means if your wife had applied AOS and her H4 expired say next Jan 2008 she could stay in US without extension.However if she wishes to work then she would require EAD otherwise not ,if she wishes to travel out of the country she requires AP .
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prioritydate
07-28 11:48 PM
Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.
ski_dude12
09-26 08:58 PM
You can go for infopass though I am not sure how helpful it will be. In my case I was able to get the same information by talking to level 2 support at USCIS. My 3 infopass appointments were no good really in terms of getting any update.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
Thanks for the advice. I appreciate your insight.
I amm zn. ! going all in now.
1. I will call the Customer Service Line tomorrow.
2. I already got the InfoPass for 10/6
3. The letter for my senator is drafted. It will be sent tomorrow.
4. Finally, an email to the Ombudsman has been sent.
Hopefully, there is be some movement.
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aps
01-07 12:13 AM
is it possible to get answer to this question by infopass?
more...
zCool
03-20 04:43 PM
IF USCIS revokes 140 for fraud, you got 2 issues
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
1. Definitely your 485 is revoked.. no way you can port 140 thro' AC21 if it's revoked for fraud, BUT that is sooooo far fetched.. more likely USCIS may question ability to pay or something or other that can be answered
2. In case of fraud, you have to prove your own innocence, meaning that you didn't have any part in the alleged fraud. Which again is rare scenario.
If you don't trust the company.. leave while you are ahead!
Berkeleybee
05-18 08:13 PM
Good job! However, like I and some other people on this forum have mentioned before, there is the need to de-emphasize our course as an Indian course. We know the majority of people in the GC process are of Indian or Chinese origin but we should recognize we need an all-inclusive approach to this struggle.
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
I clicked on the link and the headline read "Indian immigrants in US raise voices" While I understand that this might have come from the reporters who put togther the news, it is important that the members of IV at the forefront of this campaign and indeed all members on this forum, portray our course as as a high-skilled immigrant course and NOT an Indian or Chinese course.
Just something to think about!
Alabaman,
We have repeatedly stressed the fact that our members are from all over the place. That we represent not only our members but the over 500,000 EB applicants from all over the world who are stuck in the process. On the other hand we cannot always control the spin that individual news organizations choose -- this CNN-IBN covers Indian issues and chose to characterize us that way.
There were Chinese members who attended our DC event, but this reporter didn't film them! Sucks.
See what I said earlier many times, including here:
http://immigrationvoice.org/forum/showpost.php?p=9897&postcount=55
Franklin,
We have members from all over the world. And as far as EB-3 is concerned the entire category retrogressed -- all countries. We feel that this is a problem that affects all highly skilled workers.
One thing to remember is that reporters take snippets from hours of interviews, and then their editors edit the article down further.
best,
Berkeleybee
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NikNikon
June 18th, 2005, 09:56 AM
I like the top one too, maybe you could of uped your ISO and used a quicker shutter speed to freeze the bird. Also this is a personal preference thing but I like to saturate the colors a bit in my post process just to bring them out a bit. Shooting into the light kinda leaves the land in landscapes a bit dull. The bottom two bird shots came out well. Do you have a lens that will let you get in closer? I'd like to see a portrait style shot of one of the birds with the odd bills.
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aristotle
08-08 01:13 PM
Just had an infopass appointment.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
Me: Can you tell us the status of our 485s?
I/O: Name checks are pending for both
Me: Do you know when they were started?
I/O: At the time your application was submitted (duh!)
Me: Would our applications still be processed?
I/O: Yes, they are at TSC(duh!) and they are aware of the 6 month rule
Me: Are they assigned to an officer?
I/O: Right now they are with the officer"s" at Texas, as recently as July 31st, not too long ago.
Me: When do our fingerprints expire?
I/O: blank
I had enough by then.. dont think anything will happen to our apps this month. My wife will get a RFE, because of incomplete medicals (Xray), I was atleast hoping to get that RFE this month.
more...
need_EAD
05-18 02:56 PM
Nandini Nair's fees are very less and I got my PERM LC (in EB2) & I-140 approved through her without any questions. Real quick response!
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
She was a weekly columnist for Express Computer on immigration topics.
nnair@nair-law.com
www.nairlaw.com
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needhelp!
03-06 04:43 PM
Just faxed.
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h1techSlave
04-21 09:31 PM
DL is essentially controlled by individual states. In MD they just give you 5 years irrespective of the visa expiry date. Only thing is that you need to have I-94/EAD + a visa (expired is fine). I have recently extended my MD drivers license thru mail.
In VA, I heard they would give only until the expiry of the EAD/H1B.
In VA, I heard they would give only until the expiry of the EAD/H1B.
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hariswaminathan
01-10 02:57 PM
Its been 5 months , I'vent recieved the FP for myself. My case status still shows "The case has been transferred to Nebraska etc etc.."
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
Anybody in the same shoes?
Applied July 23rd NSC. Receipt notice July 23rd and again another receipt September once my case went to CSC and back to NSC.
Got AP and EAD issued from CA (laguna Niguel USCIS) though not without headaches (RFE on AP)
took infopass appointment last week and officer said FPs havent been issued because Background check still not cleared for me (wife cleared but she will not get FP notice until mine is cleared). This is possibly the same reason you have not received yours. looks like i am stuck for the long haul in name check clearance.
good luck to you!
more...
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delhirocks
12-18 06:45 PM
When I took a cruise last year (Carnival) one of my stops was Cozumel. We were there for around 12 hours. We did not have a mexican visa, did not have to go through Mexican immigration.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
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snathan
05-11 06:10 PM
Hi,
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
I have attended for H1b renual in toronto on the 2nd of May. The VO decided to do some additional review on the application. He took the Cleint letter, vendor letter and I129. Still havent heard anything from the consulate.
I am not sure if I should stay in Toronto or travel to India. I have taken only single entry visa to canada.
So, do you know if there is a canadian consulate in Hyderabad. If there is one, how much time do they take to issue a visitor visa.
Also, most importantly, how much time does it take for the 221g processing.
I would really appreciate if someone could share their knowledge.
Thanks
Where are you staying in Toronto. If you are staying with any relatives...you should try to stay there until you get the papers back from the VO.
more...
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gc4me
02-09 10:17 AM
You should not let this opportunity of 'Retaining your 1998 PD' go and need to act as quickly as possible. If you are from India and EB3 and if you have a new PD (from Y) of 2002+, it will take you 10+ yrs to get your GC. No kidding!!!
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
Do this fast:
01. try to find out a new company (if Y does not agree, generally if Y is a big corporation like MS, Verizon, Merrill Lynch , GE etc. will not agree for sure) who are willing to file a PERM LC for you for future employment.
02. Use your approved I-140 (from X) and retain your PD while filling PERM LC from the new company (company Z :-))
03. File I-140/485 together once you get your perm LC cleared (in 2/3 months including advertisement. filling etc.) and get you EAD/AP done by 60 days :-)). WOW. Rest of us can only dream about it!!
04. After you file 485, after 180 days, you are able to change your current company (Z) and take perm job in a reputable company (say A).
05. Sorry to say that you have to leave company Y and especially it is difficult if you make big bucks there.
I am new member to this forum. My friend referred me here.
I have a very unique case scenario and need help if anyone is aware of this.
Background :
I worked for company X which went bankrupt and was absorbed by company Y. 3 months after I started
working for Y I got I-140 approved from company X(not sure how but got it).I had filed for I-140 abt.
2 months before I joined Y(then still an employee of X) and had opted for CP and not AOS(had
the option of concurrent filing but did not use which i regret till date). Since the X case was of
no use now I filed a fresh LC from Y and am still waiting for notification from BPC for recruitment(TR case).
I am planning to use the PD from earlier approved I-140 which is sept. 1999 when my LC gets approved.
Issue :
Last week I received a mail from NVC which was forwarded to me by the previous employers attorney.
The letter's main content says
"THIS LETTER SHALL SERVE AS YOUR NOTIFICATION THAT A VISA NUMBER IS CURRENTLY AVAILABLE.
FAILURE TO PURSUE YOUR VISA APPLICATION BY COMPLYING WITH THE INSTRUCTIONS BELOW WILL COMMENCE
PROCEEDINGS TO TERMINATE YOUR IMMIGRANT VISA REGISTRATION ONE YEAR FROM THE DATE OF THIS LETTER".
It mentions "Section 203(g) of the Immigration and Nationality Act requires the Secretary of State
to terminate the registration of any alien who fails to apply for an immigrant visa within one year
following notification of the availability of a visa number".
Letter is Dated Dec. 3 2006.
Question :
I want to know if this will in anyway prevent me from using my old case PD with my current case?
My interpretation of this is that only the registration with NVC gets cancelled but the
underlying LC and I-140 approved are not affected and I can still use the old PD on my
current case. Pls. help.
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
more...
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randallemery
06-28 10:36 PM
National media will be there. This will get publicity.
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sweet23guyin
09-26 04:56 PM
800-375-5283
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u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.
Thanks for the info, i too got my recpt# by calling...
Options 1-2-2-6-2-2-1
u need to tell them that ur app was filed around 90 days ago and u wil get transferred to an 2nd level IO. She will ask you ur full name and DOB. If she finds you in DB , she will verify ur address or mother's maiden name.
Thanks for the info, i too got my recpt# by calling...
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slc_ut
01-17 11:59 AM
nirenjoshi,
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
When did you get the ITIN number using the letter from the bank ?
1. When you were filing taxes at the beginning of the year.
OR
2. Some other time, by using W7 form by itself.
Please respond.
wandmaker
11-30 05:38 PM
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
Yes, it is still true.
Yes, it is still true.
aadimanav
01-05 10:41 PM
I will be using AP first time. What documentation do we need to enter (other than passport and un-expired AP)? I will be visiting India for about 1 month? Is there any limitation as to for how long you can leave the country? I got 2 copies of AP. We just need "one" right?
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
Also while leaving which I-94 should we surrender? The one which I got when I entered last time - a couple of years ago, or the one which I received with last H1b renewal documentation. Right now I am not using H1b. I am "on" EAD.
Please share your experiences.
Thanks in advance!
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